United States of America v. Jerrell Moore, also known as Jerrell Ramon Moore

United States Court of Appeals
For the Eighth Circuit
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No. 20-2699
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Jerrell Moore, also known as Jerrell Ramon Moore
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the Southern District of Iowa - Eastern
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Submitted: May 13, 2021
Filed: May 18, 2021
[Unpublished]
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Before COLLOTON, SHEPHERD, and GRASZ, Circuit Judges.
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PER CURIAM.

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Jerrell Moore appeals after the district court1 denied his motion seeking a
sentence reduction under the First Step Act. His counsel has moved for leave to
withdraw, and has filed a brief challenging the denial. Moore has filed a pro se brief.
Upon careful review, we conclude that the district court did not abuse its
discretion in denying Moore a sentence reduction. See United States v. McDonald,
944 F.3d 769, 771 (8th Cir. 2019) (defendant’s eligibility for reduced sentence under
First Step Act is reviewed de novo, and district court’s decision to grant or deny
authorized sentence reduction is reviewed for abuse of discretion); United States v.
Williams, 943 F.3d 841, 844 (8th Cir. 2019) (sentencing court must have considered
the parties’ arguments and have a reasoned basis for its decision); see also United
States v. Banks, 960 F.3d 982, 984 (8th Cir. 2020) (this court presumes that district
court has considered arguments raised by defendant).
To the extent Moore challenges the Guidelines calculations in his original
sentencing proceeding, we conclude such challenges may not be raised in this limited
resentencing proceeding. See United States v. Moore, 963 F.3d 725, 728 (8th Cir.
2020) (resentencing under First Step Act is not plenary like original sentencing
proceeding).
Accordingly, we affirm the judgment of the district court and grant counsel
permission to withdraw.
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1The Honorable John A. Jarvey, Chief Judge, United States District Court for
the Southern District of Iowa.
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